Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75623 of 2018 Arising Out of PS. Case No.-476 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Azad Alam Son of Manzoor Alam, Resident of Village- Karnpura, P.S. Majhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Gopalganj P.S. Case No. 476 of 2018 for the offence under Sections 414, 413, 420, 379, 467, 468, 471 and 120 (B) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Referring to the prosecution case he submits that allegation against this petitioner is that he was among the four persons who were sitting in Scorpio parked near S.B.I., ATM at Jadopur Road. He further submits that simply because 08 ATM Cards of State Bank of India was recovered from the possession of the

Patna High Court Cr.Misc. No.75623 of 2018(3) dt.29-01-2019 2/2 petitioner and he has been made accused in the instant case. He next contended that there is no material to connect the petitioner for commission of any offence and holding of ATM cards is not an offence. Learned counsel for the petitioner further submited that other similarly circumstanced arrested along with his petitioner in whose possession ATM Cards were also recovered have been granted bail by co-ordinate Bench of this Court and petitioner is in custody since 18.8.2018.

Considering the fact that petitioner has no criminal antecedent and he is in custody since 18.8.2018 and other coaccused having similar allegation have been granted bail by coordinate Bench of this Court, let the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 476 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T